There are new regulations, but do you know how to ensure you're following them? Here's a guide.

With the new CAN-SPAM regulations that go into effect on July 7, many marketers are wondering what it means to them. Of all the questions that I have been asked, most of them come down to some version of the following four:

1. What are these new regulations?
2. How will they affect the way I do business and interact with my customers?
3. When do we have to have these changes in place?
4. Will there be any other changes -- what might the FTC come out with next?

In brief, the new regulations address four main topics:

1. An email recipient cannot be required to pay a fee, provide information other than his or her email address and opt-out preferences, or take any steps other than sending a reply email message or visiting a single internet web page to opt out of receiving future email from a sender.
2. The definition of "sender" was modified to make it easier to determine which of multiple parties advertising in a single email message is responsible for complying with the Act's opt-out requirements.
3. A "sender" of commercial email can include an accurately-registered post office box or private mailbox established under United States Postal Service regulations to satisfy the Act's requirement that a commercial email display a "valid physical postal address."
4. A definition of the term "person" was added to clarify that CAN-SPAM's obligations are not limited to natural persons.

So, how will these new regulations affect the way you do business?

For some senders, not a lot will change in the way that they do business. Others, however, will need to make some changes to ensure that they are compliant when these new regulations go into effect on July 7. As we have seen in past headlines, violators of CAN-SPAM rules can be penalized with hefty civil fines ranging from a few hundred dollars per email to millions of dollars depending on the perceived degree of violation.

Throughout the years, the email industry has debated the benefits of using a preference center to allow customers to opt-in and out of the types of email they want to receive from a business. This can no longer be considered a best practice, as the new regulations stipulate that a user must be able to opt-out of an email program by entering no more than their email address. No longer can you require a user to log into a preference center with a username and password.

As I have mentioned a number of times, it is considered a best practice to implement a one-click unsubscribe. By implementing this one-click process in all of your messages, not only will you comply with the new legal standards but you will also reduce the potential for spam complaints because the process is quick and easy for the end users. Preference centers can still play an important role in subscription management, but they should be accessed through your website or a link in an email that clearly indicates its purpose.

Another important regulation for some marketers is the definition of a sender and how it pertains to sending messages with multiple companies. One example of where this definition comes into play is with affiliate marketers. When affiliate marketers send messages, the recipient should be able to easily understand who the principal sender is no matter how many different companies are part of the message. One of the basic ways to follow this distinction is the "From" address -- this is the first area that the end user will look at.

In drafting their new regulations, the FTC also reviewed a number of items that they elected not to rule on. One of the most often discussed items was the latency period for processing an unsubscribe request. Ever since the original CAN-SPAM act, it has been stipulated that all unsubscribes must be processed within 10 days. There had been much speculation that the FTC would reduce that timeframe to 3 days, but that remains an open issue. Your existing process is safe for now as the FTC decided not to vote on this and has not set a new timeframe to review this process.

All this being said, this is a great opportunity for marketers to review their entire mailing process and ensure that they are following best practices. Good luck and good sending.

Spencer Kollas is director, delivery services for StrongMail Systems.